TECHNICALITY PLEADED
OFF-SIDE RULE AGAIN Press Association. HAW ERA, Thursday. In a reserved decision to-day Mr. J. S. Barton, S.M., upheld a technicality raised by Mr. A. A. Stewart, counsel for the defendant, on a charge of failing to observe the motorists’ off-side rule, requiring drivers to give way at intersections to traffic approaching from the right. Counsel contended that as the regulation specifically refers to intersections not under the control of a traffic officer, the charge must be dismissed in the absence of proof by the prosecution that the intersection was not so controlled. The magistrate said it was open to the prosecution to negative that condition, by inserting in the information such words as "intersection not being controlled by a traffic officer,” but otherwise proof of absence of control was necessary. The information xvas dismissed.
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Bibliographic details
Sun (Auckland), Volume II, Issue 447, 31 August 1928, Page 13
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137TECHNICALITY PLEADED Sun (Auckland), Volume II, Issue 447, 31 August 1928, Page 13
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